sponsor tier2 visa

[GillsMan]

Thanks for the info. Do you mind me asking if you are a one man band and does that matter a lot while applying.

No, not a one-man band. It doesn't explicitly matter, but I suspect it's a factor, though.

Please read this.

Tier 2 genral : UK Tier 2 (Employer Sponsored) visas • Immigrationboards.com

Under T2 rules you can only be employed by the end client direct, you cannot work via an intermediary. Lots of dodgy companies do do it, but they are being jumped on and hit with hefty fines.

I wonder how that would work in my situation. So I employ 5 people. One of whom is on a Tier 2 visa. If a client asked for a day's consultancy, and I sent my Tier 2 visa employee and charged a daily rate, would that be OK? What about if they wanted that for a week? What about three months?

Everything we do is for an end-client, I just wonder where the limit is with regards to her on-site involvement. It's not relevant as we generally do everything from our own offices, but she is doing some work for me which we're billing on a daily rate basis at the moment. Maybe it's OK, because even if I sent her on client site for a month, she's still employed by me, and whether we bill her out at £200 or £500pd, her salary remains the same.

Edit: I found the answer - the sponsor (i.e. MyCo Ltd) must be the company that determines the duties for the migrant worker. So contracting out to client site is legal, but I must be the one who determines her duties. Realistically, that may well work for me, as I have a more established business with processes, etc, but not for the OP - and in any case, the OP would have to payroll his chum.

[stek]

Thanks for the info. Do you mind me asking if you are a one man band and does that matter a lot while applying.

Please read this.

Tier 2 genral : UK Tier 2 (Employer Sponsored) visas • Immigrationboards.com

Under T2 rules you can only be employed by the end client direct, you cannot work via an intermediary. Lots of dodgy companies do do it, but they are being jumped on and hit with hefty fines.

[Andy2]

I'm a tier 2 sponsor, so can offer some information on this.

First of all I needed obtain a sponsor license for MyCo Ltd. I had to explain why I was applying for a license - which in my case was because I was employing a Tier 5 holder (Canadian national). I had to give information about the post, and some background information about my company. I got the impression that they wanted to be assured as to the legitimacy of my company. Once that hurdle was passed, we had to do the market labour test. Once that was approved, the rest was a formality.

Some things to bear in mind:

Migrant sponsorship is not to be taken lightly. The Home Office expects you to take your responsibilities seriously.

Your proposal won't work. You need to employ your colleague, i.e. salary, etc (and that salary must meet the minimum threshold). You could, I suppose, employ him and contract him out (as long as you passed the market labour test which you probably won't), but you can't take a % of his daily rate.

Unless you are intending to employ the migrant, I wouldn't even entertain the idea.

Thanks for the info. Do you mind me asking if you are a one man band and does that matter a lot while applying.

[GillsMan]

Well if no suitable applicants fair enough, UKVI has toughened up too, look on immigrationboards, this, Surinder Singh route for elderly parents and false earning claims for points for T1G extentions are currently hot topics!

Yup, you're right. Certainly, there were a good few hoops to go through in my experience. Nothing wrong with that though, as long as you know what you're doing - and I'm not sure the OP does. There's certainly not a valid reason for him employing a migrant worker from the sounds of it.

[stek]

No. Whilst you can't prejudge the market labour test, you can in certain circumstances have an employee already in the role, as I did with my employee who was here on a Tier 5 visa. We did the Market Labour Test, no viable applicants, and so we applied the CoS to her. She was already in the role when we started.

Well if no suitable applicants fair enough, UKVI has toughened up too, look on immigrationboards, this, Surinder Singh route for elderly parents and false earning claims for points for T1G extentions are currently hot topics!

[GillsMan]

It's illegal - trust me.

Also you'd need to become a licenced sponsor and perform the resident market labour test which in this case would be rejected since the applicant has already been preselected.

No. Whilst you can't prejudge the market labour test, you can in certain circumstances have an employee already in the role, as I did with my employee who was here on a Tier 5 visa. We did the Market Labour Test, no viable applicants, and so we applied the CoS to her. She was already in the role when we started.

[GillsMan]

I'm a tier 2 sponsor, so can offer some information on this.

First of all I needed obtain a sponsor license for MyCo Ltd. I had to explain why I was applying for a license - which in my case was because I was employing a Tier 5 holder (Canadian national). I had to give information about the post, and some background information about my company. I got the impression that they wanted to be assured as to the legitimacy of my company. Once that hurdle was passed, we had to do the market labour test. Once that was approved, the rest was a formality.

Some things to bear in mind:

Migrant sponsorship is not to be taken lightly. The Home Office expects you to take your responsibilities seriously.

Your proposal won't work. You need to employ your colleague, i.e. salary, etc (and that salary must meet the minimum threshold). You could, I suppose, employ him and contract him out (as long as you passed the market labour test which you probably won't), but you can't take a % of his daily rate.

Unless you are intending to employ the migrant, I wouldn't even entertain the idea.

[stek]

I have colleague who is on work visa and now has secured a contract. He needs a work visa (tier2?) to work in UK.
Is it possible for me as a one man consulting company to sponsor him and take some % off his day rate? Has anyone done this ?

It's illegal - trust me.

Also you'd need to become a licenced sponsor and perform the resident market labour test which in this case would be rejected since the applicant has already been preselected.

[SimonMac]

I was looking for any personal experiences.
There are dozens of companies and umbrellas doing this. Are they doing it illegally?

There are 27,895 companies doing it, significantly less than that number will be one man bands trying to help a mate out

[Andy2]

I was looking for any personal experiences.
There are dozens of companies and umbrellas doing this. Are they doing it illegally?

[northernladuk]

Bearing in mind you and your colleagues inability to use Google I'd say even if it is possible (which it is not) the application should be instantly denied.

[SimonMac]

You need to be licences and you have to have advertised each position IIRC

[Andy2]

I have colleague who is on work visa and now has secured a contract. He needs a work visa (tier2?) to work in UK.
Is it possible for me as a one man consulting company to sponsor him and take some % off his day rate? Has anyone done this ?